Saltbreakers

Albufera once stretched as far as the port area of Alcúdia. The remaining undeveloped wetlands near the port are those close to the horse roundabout. Albufera was created from the sea; its water is partly salt, the Lago Esperanza is one of the few saltwater lakes in Spain. The sea has influenced the geography, the landscape and the ecology of Puerto Alcúdia and elsewhere on the bay of Alcúdia - Playa de Muro and Can Picafort, for example. Albufera is essentially a lagoon, divorced from the sea by the formation of dunes, forest and dried-out areas of salt deposits ("salinas").

This is no idle lesson in geography. Take some words from the above - "the sea has influenced", "dried-out areas of salt deposits". Why take them? Well because they are fundamental to what is threatening to become a major legal issue. The law on the coasts, that law under which, for instance, the chiringuito in Puerto Alcúdia is deemed illegal and therefore to be demolished, applies not just to beaches and what may or may not be built on them or within a certain distance of the shore line, but also to land - public land - that is deemed to be influenced by the sea. And this brings us to the "salinas".

Some 1,400 "private fincas" in Puerto Alcúdia, reports "The Diario", are potentially sitting on what is such dried salt land. Fincas, in this context, refer to plots of land, on which real estate has been built. This may all sound rather arcane, but being understood by few (a definition of arcane) could well lead to a legal minefield. Those who had not understood are likely to understand rather more clearly and are already being made to understand.

We have to track back a bit. The law on the coasts was actually enacted in 1988 but for all practical purposes it was hardly applied until 2004. It is now being applied with far more vigour. The law is a national one and was designed - in the late '80s -to attempt to rectify the building mistakes of the preceding three decades of development - mistakes in terms of the effects on the environment and in terms of legality. There is a distinction, under this law, between property developed before and after its enactment. It has already been established that certain properties, seemingly built legally before 1988, are in fact on so-called public domain. Owners have been granted rights for up to 60 years but they are unable to sell the properties. Under the law they would be demolished at the end of this period. After 1988? Well that's a different matter, and it is what has led to the horror stories of developments on the costas being flattened.

But to come back to those "salinas". The debate now centres on whether these were naturally or artificially created; if the latter then there is not a problem, if natural then there is. How on earth are they ever going to sort this out? Because of the geography in the bay area, it is only natural to conclude that much if not all of what is now Puerto Alcúdia and Playa de Muro is indeed on land that was influenced by the sea and in some way in the public domain, naturally created dried-out salt land or not. 1,400 fincas constitute a whole load of properties.

The good news is that the director responsible for decisions on demarcation under the law seems to respect the fact that some of these fincas are of "cultivation" and generate "riches", by which one presumes he is referring to hotels. On the other hand, there are fincas felt to be "unproductive" and "abandoned". What is unproductive? Someone's house? He, the director, is in discussion with various owners and the likes of the hotel assocation in Muro.

Unlikely though it is that this will lead to orders for mass demolition, the fact that the discussions are being held emphasises how seriously the law is being taken. But to what end? That there may have been breaches, indeed have been, no-one really doubts. Yet to pursue this with the vigour that is being suggested in this instance can lead only to colossal legal wrangling. The very fact that the 1988 law was basically held in abeyance for some 16 years only goes to prove that Spanish land laws over decades have been a complete mess and usually disregarded, and that land rights were, in all likelihood, the subject of anything but the law. To now be invoking something as obscure as what may or may not be public domain dried-out salty land just adds to the mess.


QUIZ
Today's title - you may have to be a keen blogotee to get this. Hers was the final title before Christmas last year.

(PLEASE REPLY TO andrew@thealcudiaguide.com AND NOT VIA THE COMMENTS THINGY HERE.)